Submission + - Activision abuses DMCA to take knock indie game entirely off Steam
He Who Has No Name writes: We've seen brain-dead, overzealous, and entirely over-automated DMCA takedown requests bring down music and videos, but this may be the first case of an entire video game being knocked out. Earlier today David Prassel, creator of Trek Industries and developer of the not-without-controversy ORION: Dino Horde / Prelude and the early-access Guardians of ORION, posted that his current project had been entirely removed from Steam after a questionable DMCA allegation from Activision. Prassel explains further, "We've made Steam our primary platform, but this has put a definite scare into us going forward considering our entire livelihood can be pulled without a moments notice, without any warning or proper verification. I cannot even confirm that the representative from Activision is a real person as absolutely no results pop up in any of my searches." Image comparisons against at least two of the weapon models claimed to be infringing were posted by Prassel and in at least one thread on reddit in /r/pcmasterrace.
What's more, it appears Activision is alleging not a vertex-for-vertex and texel-for-texel theft and duplication of the Call Of Duty: Black Ops 3 2D & 3D art assets, but in fact an infringing artistic similarity and design of separately created art content — something that the DMCA does not cover (and which more would likely fall under copyright or possibly trade dress).
Since this takedown falls directly in the middle of the Steam Summer Sale — which probably is not a coincidence — and will profoundly impact Trek Industry's potential sales, does this make a case for substantial reform in the appeals & response process in DMCA takedown demands, adding a due process and rebuttal window to prevent takedown requests from being essentially weaponized?
What's more, it appears Activision is alleging not a vertex-for-vertex and texel-for-texel theft and duplication of the Call Of Duty: Black Ops 3 2D & 3D art assets, but in fact an infringing artistic similarity and design of separately created art content — something that the DMCA does not cover (and which more would likely fall under copyright or possibly trade dress).
Since this takedown falls directly in the middle of the Steam Summer Sale — which probably is not a coincidence — and will profoundly impact Trek Industry's potential sales, does this make a case for substantial reform in the appeals & response process in DMCA takedown demands, adding a due process and rebuttal window to prevent takedown requests from being essentially weaponized?
